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代表人诉讼是我国解决群体性纠纷的诉讼手段,但该制度在司法运行中往往处于被搁置状态。当事人适格放宽和判决效力主观范围扩张是该制度得以建立的学理依据。由于制度运行的外部环境等因素的影响,司法实践中出现了与理论层面的分离。在完善代表人诉讼制度上,应当抛弃司法万能论,诉诸包括非诉讼手段在内的多元化纠纷解决手段。
Representative litigation is a litigation method for resolving mass disputes in our country, but the system is often put on hold in judicial operation. The parties to relax and judge the effectiveness of the subjective scope of the expansion of the system to establish the theoretical basis. Due to the external environment of the system operation and other factors, there is a separation from the theoretical level in judicial practice. In perfecting the system of representative litigation, we should abandon the theory of judicial omnipotence and resort to a wide range of means of dispute resolution, including non-litigation methods.